P L D 1993 Karachi 24 (PLP)

The. appellant-Company is the manufacturer of Hydrocolloids and mixtures and Hy'drocolloids and other chemicals which are used in preparation of food, pharmaceuticals, cosmetics and household products and in industrial applications, -agriculture, horticulture and forestry, listed in Class 1 of the Fourth Schedule of the revised Trade Marks Rules, 1963, framed under the Trade Marks Act (V of 1940). The. applicant applied for registration of trade mark "Marine Colloids" for the goods in 'Class

1. The Registrar of Trade Marks raised objection to the registration thereof under section 6(1)(d) of the Trade Marks Act, 1940 and so also on another account. The appellants submitted their reply to the objections. The learned Deputy Registrar, however, refused the application for registration for the reason that the word "MARINE" refers to something relating to sea and water and may ' include sea water and, therefore, if it is read with Colloids, the trade mark will be descriptive and thus attract section 6(i)(d)'of the Trade Marks Act. ????????????????? The learned' Advocate for the petitioner has referred to' the case of Messrs Wurttembergische Parfumerie GMBH v. The Assistant Registrar (I) of Trade Marks, Government of Pakistan PLD 1986 Kar. 371, in Which the contention raised that' the trade mark consisting of two words "Lady Manhattan" which was sought to be registered as trade mark should be looked at as a whole i.e., in? its i totality and not in parts, that is, the word Lady be considered separately and the word .Manhattan also be considered separately, was repelled and it was held that the mark "Lady Manhattan" taken as a whole is apparently. a coined word and registration of the trade mark was ordered. . I He has also referred to the case of Messrs Glaxo Laboratories Ltd. v. The Registrar of Trade Marks, Government 'of Pakistan PLD 1985 Kar. 00 where the, refusal to register trade mark Vitamilk came under consideration. The Court reached the conclusion that the word Vitamilk is to be treated as a newly-coined word and although this trade mark may have some suggestive references to the character or quality of the goods of the appellant,. it has no such direct reference as may make the trade mark, descriptive of the goods. The appellants in para. 10 of the appeal have mentioned 8 trade marks which also have indirect reference to the character or quality of the goods, but have been registered as they consist of two words which aid read as one word and their registrations have been allowed for the reason that the two words taken together cease to be descriptive of the goods which are to be manufactured under the relevant trade marks. In the case of Messrs Wurttembergische Parfumerie GMBH (supra), the Court has considered registration of such trade marks by the Trade Mark Registry as a valid ]reason to set aside the refusal. No counter-affidavit has been riled by the respondents to rebut the contentions raised in the memo of appeal, in the above context. . The learned counsel has also relied on 15 RPC 476 (In the matter of an application of the Eastman Photographic Materials Company, Ltd. and AIR 1965 Punjab 17 Standard Private Ltd. v. Hindu Chemicals, Kahpur. In the latter case the Court relying on the first cited case held that the mere fact that an invented word contains a covert and skilful allusion to the character or quality of the good is no objection to the registration of the word as an invented word. It is observed: Therefore, though the letters 'Ento in the 'word 'Entozine' means 'Within' and may be suggestive of something for the intestines and thus become descriptive of the character of the pharmaceutical preparation put in the market for treatment of bacillary and amoebic dysenteries, the invented. word 'Entozine' cannot be refused registration." This appeal is accordingly allowed. The impugned order dated 6-7-1991 is hereby set aside. The case is remanded to the respondent for proceeding in accordance with law. H.B.T./F-195/K????????????????????????????????????????????????????? Appeal allowed